misjoinder


Also found in: Legal, Wikipedia.
Related to misjoinder: nonjoinder

mis·join·der

 (mĭs-join′dər)
n. Law
Improper joinder of parties or actions.

misjoinder

(mɪsˈdʒɔɪndə)
n
(Law) law the improper joining of parties as coplaintiffs or codefendants or of different causes of action in one suit. Compare nonjoinder

mis•join•der

(mɪsˈdʒɔɪn dər)

n. Law.
a joining in one suit or action of causes or of parties not permitted to be so joined.
[1850–55]
Mentioned in ?
References in periodicals archive ?
Procedural matters raised by the OSG in its Comment include the impropriety of a class suit, the misjoinder of causes of action, and the lack of proper verification and certification against forum shopping.
Order 9 Rule 10 of the Civil Procedure Rules provides that no cause or matter shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every cause or matter deal with the matter in controversy so far as regards the rights and interests of the parties actually before it.
complaints, curing the misjoinder problems, for all claims that had not
At trial, the defendants demurred to the complaint on the ground of misjoinder of plaintiffs, and in January 2013, the court sustained the demurrer without leave to amend and dismissed all the plaintiffs but one.
The good news is that in several of the most recent lawsuits in which multiple users have been lumped together without any real determination that their online activities or uses were indeed alike, several judges have either thrown out the lawsuits on the grounds of misjoinder or have required that the John Does be broken out and sued individually.
6) Whether the petition is bad for misjoinder of the parties?
237 (1895), when the Court's decision led to the "unfortunate misjoinder of evidence principles with the constitutional right to confrontation.
Interim stay orders, misjoinder and non joinder of necessary parties, appointment of local commissioners and non payment of court fee should be decided within three months.
State Farm sought to remove the case to federal court based on misjoinder of a nondiverse party.
Conversely, procedural or fraudulent misjoinder typically occurs when a plaintiff sues a diverse defendant in state court and joins a nondiverse defendant against which the plaintiff has a reasonable basis for a claim, but that claim has little or nothing to do with the plaintiff's claim against the diverse defendant.